A state district judge dismissed most of the claims in a lawsuit filed by a former candidate for McAllen commissioner against a realtor group that politically endorsed candidates for McAllen’s May elections.
Earlier this week, state district Judge Sergio J. Valdez issued an order dismissing nearly all of the claims filed by Timothy “Tim” Wilkins in a lawsuit against the Greater McAllen Association of Realtors in March.
Formerly a candidate for McAllen commission District 1, Wilkins claimed that the realtor group violated the terms of a settlement agreement between the two parties.
The legal conflict stemmed from an email GMAR sent to the candidates running in the McAllen elections on March 1, inviting them to apply to be considered for the organizations endorsement.
The next day, an attorney for Wilkins, Michael Pruneda, responded to the email, arguing that a previous settlement agreement between GMAR and Wilkins would make it legally impossible for the group to endorse a candidate in the race for commissioner District 1.
“Any position GMAR takes opposing Wilkins would result in Wilkins being discredited,” Pruneda wrote. “Moreover, should GMAR or any of its members or personnel issue any opinions/publications (publicly or privately) as to the District 1 election, Wilkins would be forced to support his credentials and reference the legal dispute between them.”
The legal dispute Pruneda mentioned referred to a 2019 lawsuit that Wilkins filed against GMAR in 2019 which resulted in a settlement agreement. As part of the settlement, GMAR agreed to pay Wilkins $9,000 and both agreed to not disclose any information regarding the complaint, the investigation or the settlement agreement. Additionally, the parties agreed not to “disparage, discredit, or defame one another,” according to court records.
As part of the current lawsuit, Wilkins’ attorneys argued under the promissory estoppel doctrine that GMAR made a promise to Wilkins that he reasonably and substantially relied upon. He argued that his reliance on that promise was foreseeable by GMAR and that injustice could be avoided by enforcing their promise, according to the second amended petition to the court filed on May 18.
They sought a declaratory judgment from the court, arguing that as a non-profit organization, GMAR violated its own bylaws by endorsing a political candidate and claimed breach of contract on behalf of GMAR for allegedly not adhering to the terms and conditions of the settlement agreement.
Lastly, Wilkins’ attorneys accused GMAR of negligence for the alleged actions.
In their response, GMAR noted that they were registered as a 501(c)6 nonprofit organization and, as such, is allowed to participate in political activity.
“Because GMAR is a corporation entitled to participate in the political process and, therefore publish political speech, it is entitled to the protections of the First Amendment regarding free speech and freedom of association,” the organization argued in their amended motion to dismiss. “It is also entitled to the protections of Chapter 27 of the Texas Civil Practice and Remedies Code.”
In an order signed Tuesday, Valdez dismissed all but one of those claims.
Valdez granted GMAR’s motion to dismiss the promissory estoppel claim, the motion for a declaratory judgment, and the negligence claim.
The judge, however, denied the motion to dismiss the breach of contract claim.
In statement issued Thursday, GMAR officials celebrated the judge’s order.
“Mr. Wilkins was wrong on the facts and his attorney wrong on the law,” stated Lee Jinks, president of the GMAR’s board of directors. “This should put to rest the belief that a REALTOR Association is not entitled to exercise it’s free speech and participate in political activities.”
Jinks added, “Greater McAllen Association of REALTORS will continue to pursue any and all legal remedies against Mr. Wilkins’ frivolous claims.”
Roland Quintana, an attorney representing Wilkins in the appeals process of the case, issued a statement in response to Jinks’ remarks.
“Today, the Greater McAllen Association of REALTORS (“GMAR”) announced victory in a case brought against it by Timothy Wilkins. This announcement can best be described as premature and unnoteworthy,” Quintana said. “Indeed, Mr. Wilkins’s case against GMAR has not been dismissed in its entirety. That is, Mr. Wilkins still has valid claims against GMAR that will likely proceed to trial.”
“As to the claims that were dismissed by the Honorable Judge, Mr. Wilkins will be appealing the dismissal,” he said.
NOTE: This post’s headline has been edited to better reflect the status of the case.
